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SENATE BILL 146
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Harold Pope and Debra M. Sariñana
AN ACT
RELATING TO MILITARY CHILDREN; CORRECTING A REFERENCE TO A
UNITED STATES CODE PROVISION IN THE INTERSTATE COMPACT ON
EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 11-8B-1 NMSA 1978 (being Laws 2010,
Chapter 41, Section 1) is amended to read:
"11-8B-1. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY
FOR MILITARY CHILDREN--ENTERED INTO.--The "Interstate Compact
on Educational Opportunity for Military Children" is enacted
into law and entered into with all other jurisdictions legally
joining therein in the form substantially as follows:
"INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
CHILDREN
ARTICLE 1
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PURPOSE
It is the purpose of the Interstate Compact on Educational
Opportunity for Military Children to remove barriers to
educational success imposed on children of military families
because of frequent moves and deployment of their parents by:
A. facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a
disadvantage due to difficulty in the transfer of education
records from the previous school district or variations in
entrance and age requirements;
B. facilitating the student placement process
through which children of military families are not
disadvantaged by variations in attendance requirements,
scheduling, sequencing, grading, course content or assessment;
C. facilitating the qualification and eligibility
for enrollment, educational programs and participation in
extracurricular, academic, athletic and social activities;
D. facilitating the on-time graduation of children
of military families;
E. providing for the promulgation and enforcement
of administrative rules implementing the provisions of that
compact;
F. providing for the uniform collection and sharing
of information between and among member states, schools and
military families under that compact;
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G. promoting coordination between that compact and
other compacts affecting military children; and
H. promoting flexibility and cooperation between
the educational system, parents and the student in order to
achieve educational success for the student.
ARTICLE 2
DEFINITIONS
As used in the Interstate Compact on Educational
Opportunity for Military Children:
A. "active duty" means full-time duty status in the
active uniformed service of the United States, including
members of the national guard and reserve on active duty orders
pursuant to 10 U.S.C. [Sections ] Chapters 1209 and 1211;
B. "children of military families" means school-
aged children enrolled in kindergarten through twelfth grade in
the household of an active duty member;
C. "compact commissioner" means the voting
representative of each compacting state appointed pursuant to
Article 8 of the Interstate Compact on Educational Opportunity
for Military Children;
D. "deployment" means the period one month prior to
the service members' departures from their home stations on
military orders through six months after return to their home
stations;
E. "education records" means records, files and
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data that are directly related to a student and maintained by a
school or local education agency, including records
encompassing all the material kept in a student's cumulative
folder such as general identifying data, records of attendance
and of academic work completed, records of achievement and
results of evaluative tests, health data, disciplinary status,
test protocols and individualized education programs;
F. "extracurricular activity" means a voluntary
activity sponsored by a school or local education agency or an
organization sanctioned by a local education agency.
"Extracurricular activity" includes preparation for and
involvement in public performances, contests, athletic
competitions, demonstrations, displays and club activities;
G. "interstate commission" means the interstate
commission on educational opportunity for military children
that is created under Article 9 of the Interstate Compact on
Educational Opportunity for Military Children;
H. "local education agency" means a public
authority legally constituted by the state as an administrative
agency to provide control of and direction for kindergarten
through twelfth grade public educational institutions;
I. "member state" means a state that has enacted
the Interstate Compact on Educational Opportunity for Military
Children;
J. "military installation" means a base, camp,
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post, station, yard, center or homeport facility for any ship
or other activity under the jurisdiction of the United States
department of defense, including any leased facility, that is
located within any of the several states, the District of
Columbia, the commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands and any other United States territory. The term does
not include any facility used primarily for civil works, rivers
and harbors projects or flood control projects;
K. "non-member state" means a state that has not
enacted the Interstate Compact on Educational Opportunity for
Military Children;
L. "receiving state" means the state to which a
child of a military family is sent or brought or caused to be
sent or brought;
M. "rule" means a written statement by the
interstate commission promulgated pursuant to Article 12 of the
Interstate Compact on Educational Opportunity for Military
Children that is of general applicability, implements,
interprets or prescribes a policy or provision of that compact
or an organizational, procedural or practice requirement of the
interstate commission and includes the amendment, repeal or
suspension of an existing rule;
N. "sending state" means the state from which a
child of a military family is sent or brought or caused to be
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sent or brought;
O. "state" means a state of the United States, the
District of Columbia, the commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands and any other United States
territory;
P. "student" means the child of a military family
for whom the local education agency receives public funding and
who is formally enrolled in kindergarten through twelfth grade;
Q. "transition" means:
(1) the formal and physical process of
transferring from school to school; or
(2) the period of time in which a student
moves from one school in the sending state to another school in
the receiving state;
R. "uniformed services" means the army, navy, air
force, marine corps, coast guard and the commissioned corps of
the national oceanic and atmospheric administration and United
States public health service; and
S. "veteran" means a person who served in the
uniformed services and who was discharged or released from the
uniformed services under conditions other than dishonorable.
ARTICLE 3
APPLICABILITY
A. Except as otherwise provided in Subsection B of
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this article, the Interstate Compact on Educational Opportunity
for Military Children shall apply to the children of:
(1) active duty members of the uniformed
services, including members of the national guard and reserve
on active duty orders pursuant to 10 U.S.C. [Sections ] Chapters
1209 and 1211;
(2) members or veterans of the uniformed
services who are severely injured and medically discharged or
retired for a period of one year after medical discharge or
retirement; and
(3) members of the uniformed services who die
on active duty or as a result of injuries sustained while on
active duty and extending for a period of one year after death.
B. The provisions of the Interstate Compact on
Educational Opportunity for Military Children shall only apply
to local education agencies.
C. The provisions of the Interstate Compact on
Educational Opportunity for Military Children shall not apply
to the children of:
(1) inactive members of the national guard and
military reserves;
(2) members of the uniformed services now
retired, except as provided in Subsection A of this article;
(3) veterans of the uniformed services, except
as provided in Subsection A of this article; and
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(4) other United States department of defense
personnel and other federal agency civilian and contract
employees not defined as active duty members of the uniformed
services.
ARTICLE 4
EDUCATIONAL RECORDS AND ENROLLMENT
A. In the event that official education records
cannot be released to the parents for the purpose of transfer,
the custodian of the records in the sending state shall prepare
and furnish to the parent a complete set of unofficial
education records containing uniform information as determined
by the interstate commission. Upon receipt of the unofficial
education records by a school in the receiving state, the
school shall enroll and appropriately place the student based
on the information provided in the unofficial records, pending
validation by the official records, as quickly as possible.
B. Simultaneous with the enrollment and conditional
placement of the student, the school in the receiving state
shall request the student's official education record from the
school in the sending state. Upon receipt of this request, the
school in the sending state shall process and furnish the
official education records to the school in the receiving state
within ten days or within such time as is reasonably determined
under the rules promulgated by the interstate commission.
C. Compacting states shall give thirty days from
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the date of enrollment or within such time as is reasonably
determined under the rules promulgated by the interstate
commission for students to obtain any immunizations required by
the receiving state. For a series of immunizations, initial
vaccinations must be obtained within thirty days or within such
time as is reasonably determined under the rules promulgated by
the interstate commission.
D. Students shall be allowed to continue their
enrollment at a grade level in the receiving state commensurate
with their grade level, including kindergarten, from a local
education agency in the sending state at the time of
transition, regardless of age. A student that has
satisfactorily completed the prerequisite grade level in the
local education agency in the sending state shall be eligible
for enrollment in the next highest grade level in the receiving
state, regardless of age. A student transferring after the
start of the school year in the receiving state shall enter the
school in the receiving state on the student's validated level
from an accredited school in the sending state.
ARTICLE 5
PLACEMENT AND ATTENDANCE
A. When a student transfers before or during the
school year, the receiving state school shall initially honor
placement of the student in educational courses based on the
student's enrollment in the sending state school or educational
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assessments conducted at the school in the sending state if the
courses are offered. Course placement includes honors,
international baccalaureate, advanced placement, vocational,
technical and career pathways courses. Continuing the
student's academic program from the previous school and
promoting placement in academically and career-challenging
courses should be paramount when considering placement. This
subsection does not preclude the school in the receiving state
from performing subsequent evaluations to ensure appropriate
placement and continued enrollment of the student in the
courses.
B. The receiving state school shall initially honor
placement of the student in educational programs based on
current educational assessments conducted at the school in the
sending state or participation or placement in like programs in
the sending state. Such programs include gifted and talented
programs and English as a second language. This subsection
does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate
placement of the student.
C. In compliance with the federal requirements of
the Individuals with Disabilities Education Act, 20 U.S.C.
Section 1400 et seq., the receiving state shall initially
provide comparable services to a student with disabilities
based on the student's current individualized education
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program. In compliance with the requirements of Section 504 of
the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and with
Title II of the Americans with Disabilities Act of 1990, 42
U.S.C. Sections 12131-12165, the receiving state shall make
reasonable accommodations and modifications to address the
needs of incoming students with disabilities, subject to an
existing 504 or Title II plan, to provide the student with
equal access to education. This subsection does not preclude
the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
D. Local education agency administrative officials
shall have flexibility in waiving course or program
prerequisites or other preconditions for placement in courses
or programs offered under the jurisdiction of the local
education agency.
E. A student whose parent or legal guardian is an
active duty member of the uniformed services and has been
called to duty for, is on leave from or has immediately
returned from deployment to a combat zone or combat support
posting shall be granted additional excused absences, at the
discretion of the local education agency superintendent, to
visit with the student's parent or legal guardian.
ARTICLE 6
ELIGIBILITY
A. Special power of attorney, relative to the
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guardianship of a child of a military family and executed under
applicable law, shall be sufficient for the purposes of
enrollment and all other actions requiring parental
participation and consent.
B. A local education agency shall be prohibited
from charging local tuition to a military child who is in
transition and is placed in the care of a noncustodial parent
or other person standing in loco parentis who lives in a
jurisdiction other than that of the custodial parent.
C. A military child who is in transition and is
placed in the care of a noncustodial parent or other person
standing in loco parentis who lives in a jurisdiction other
than that of the custodial parent may continue to attend the
school in which the child was enrolled while residing with the
custodial parent.
D. State and local education agencies shall
facilitate the opportunity for transitioning military
children's inclusion in extracurricular activities, regardless
of application deadlines, to the extent they are otherwise
qualified.
ARTICLE 7
GRADUATION
In order to facilitate the on-time graduation of children
of military families, states and local education agencies shall
incorporate the following procedures:
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A. local education agency administrative officials
shall waive specific courses required for graduation if similar
course work has been satisfactorily completed in another local
education agency or shall provide reasonable justification for
denial. If a waiver is not granted to a student who would
qualify to graduate from the sending school, the local
education agency shall provide an alternative means of
acquiring required coursework so that graduation may occur on
time;
B. receiving states shall accept exit or end-of-
course exams required for graduation from the sending state,
national norm-referenced achievement tests or alternative
testing in lieu of testing requirements for graduation in the
receiving state. In the event the alternatives in this
subsection and Subsection A of this article cannot be
accommodated by the receiving state for a student transferring
in the student's senior year, then the provisions of Subsection
C of this article shall apply; and
C. if a military student transferring at the
beginning of or during the military student's senior year is
ineligible to graduate from the receiving local education
agency after all alternatives have been considered, the sending
and receiving local education agencies shall ensure the receipt
of a diploma from the sending local education agency if the
student meets the graduation requirements of the sending local
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education agency. In the event that one of the states in
question is not a member of the Interstate Compact on
Educational Opportunity for Military Children, the member state
shall use best efforts to facilitate the on-time graduation of
the student in accordance with Subsections A and B of this
article.
ARTICLE 8
STATE COORDINATION
A. Each member state shall, through the creation of
a state council or use of an existing body or board, provide
for the coordination among its agencies of government, local
education agencies and military installations concerning the
state's participation in and compliance with the Interstate
Compact on Educational Opportunity for Military Children and
interstate commission activities. While each member state may
determine the membership of its own state council, its
membership must include: the secretary of public education,
the superintendent of a school district with a high
concentration of military children, one representative from a
military installation, one representative from the executive
branch of government and other offices and stakeholder groups
the state council deems appropriate. A member state that does
not have a school district deemed to contain a high
concentration of military children may appoint a superintendent
from another school district to represent local education
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agencies on the state council.
B. The state council of each member state shall
appoint or designate a military family education liaison to
assist military families and the state in facilitating the
implementation of the Interstate Compact on Educational
Opportunity for Military Children.
C. The compact commissioner responsible for the
administration and management of the state's participation in
the Interstate Compact on Educational Opportunity for Military
Children shall be appointed by the governor or as otherwise
determined by each member state.
D. The compact commissioner and the military family
education liaison designated in this article shall be ex-
officio nonvoting members of the state council, unless either
is already a full voting member of the state council.
ARTICLE 9
INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY
CHILDREN
The member states hereby create the "interstate commission
on educational opportunity for military children". The
activities of the interstate commission are the formation of
public policy and are a discretionary state function. The
interstate commission shall:
A. be a body corporate and joint agency of the
member states and shall have all the responsibilities, powers
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and duties set forth in the Interstate Compact on Educational
Opportunity for Military Children and such additional powers as
may be conferred upon it by a subsequent concurrent action of
the respective legislatures of the member states in accordance
with the terms of that compact;
B. consist of one voting representative from each
member state who shall be that state's compact commissioner.
(1) Each member state represented at a meeting
of the interstate commission is entitled to one vote.
(2) A majority of the total member states
shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the bylaws of the
interstate commission.
(3) A representative shall not delegate a vote
to another member state. In the event the compact commissioner
is unable to attend a meeting of the interstate commission, the
governor or state council may delegate voting authority to
another person from the person's state for a specified meeting.
(4) The bylaws may provide for meetings of the
interstate commission to be conducted by telecommunication or
electronic communication;
C. consist of ex-officio nonvoting representatives
who are members of interested organizations. The ex-officio
members, as defined in the bylaws, may include members of the
representative organizations of military family advocates,
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local education agency officials, parent and teacher groups,
the United States department of defense, the education
commission of the states, the interstate agreement on
qualification of educational personnel and other interstate
compacts affecting the education of children of military
members;
D. meet at least once each calendar year. The
chair may call additional meetings and, upon the request of a
simple majority of the member states, shall call additional
meetings;
E. establish an executive committee whose members
shall include the officers of the interstate commission and
such other members of the interstate commission as determined
by the bylaws. Members of the executive committee shall serve
a one-year term. Members of the executive committee shall be
entitled to one vote each. The executive committee shall have
the power to act on behalf of the interstate commission, with
the exception of rulemaking, during periods when the interstate
commission is not in session. The executive committee shall
oversee the day-to-day activities of the administration of the
compact, including enforcement and compliance with the
provisions of the compact, its bylaws and rules and other such
duties as deemed necessary. The United States department of
defense shall serve as an ex-officio nonvoting member of the
executive committee;
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F. establish bylaws and rules that provide for
conditions and procedures under which the interstate commission
shall make its information and official records available to
the public for inspection or copying. The interstate
commission may exempt from disclosure information or official
records to the extent they would adversely affect personal
privacy rights or proprietary interests;
G. give public notice of all meetings and all
meetings shall be open to the public, except as set forth in
the rules or as otherwise provided in the Interstate Compact on
Educational Opportunity for Military Children. The interstate
commission and its committees may close a meeting, or a portion
of a meeting, if it determines by a two-thirds' vote that an
open meeting would be likely to:
(1) relate solely to the interstate
commission's internal personnel practices and procedures;
(2) disclose matters specifically exempted
from disclosure by federal and state statute;
(3) disclose trade secrets or commercial or
financial information that is privileged or confidential;
(4) involve accusing a person of a crime or
formally censuring a person;
(5) disclose information of a personal nature
if the disclosure would constitute a clearly unwarranted
invasion of personal privacy;
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(6) disclose investigative records compiled
for law enforcement purposes; or
(7) specifically relate to the interstate
commission's participation in a civil action or other legal
proceeding;
H. cause its legal counsel or designee to certify
that a meeting may be closed and shall reference each relevant
exemptible provision for any meeting, or portion of a meeting,
that is closed pursuant to this subsection. The interstate
commission shall keep minutes that shall fully and clearly
describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons for
the actions, including a description of the views expressed and
the record of a roll call vote. All documents considered in
connection with an action shall be identified in the minutes.
All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the
interstate commission;
I. collect standardized data concerning the
educational transition of the children of military families
under the Interstate Compact on Educational Opportunity for
Military Children as directed through its rules, which shall
specify the data to be collected, the means of collection and
data exchange and reporting requirements. The methods of data
collection, exchange and reporting shall, insofar as is
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reasonably possible, conform to current technology and
coordinate its information functions with the appropriate
custodian of records as identified in the bylaws and rules; and
J. create a process that permits military
officials, education officials and parents to inform the
interstate commission if and when there are alleged violations
of the Interstate Compact on Educational Opportunity for
Military Children or its rules or when issues subject to the
jurisdiction of the compact or its rules are not addressed by
the state or local education agency. This subsection shall not
be construed to create a private right of action against the
interstate commission or any member state.
ARTICLE 10
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission may:
A. provide for dispute resolution among member
states;
B. promulgate rules and take all necessary actions
to effect the goals, purposes and obligations as enumerated in
the Interstate Compact on Educational Opportunity for Military
Children. The rules shall be binding in the compact states to
the extent and in the manner provided in that compact;
C. issue, upon request of a member state, advisory
opinions concerning the meaning or interpretation of the
interstate compact and its bylaws, rules and actions;
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D. enforce compliance with the compact provisions,
the rules promulgated by the interstate commission and the
bylaws, using all necessary and proper means, including the use
of judicial process;
E. establish and maintain offices that shall be
located within one or more of the member states;
F. purchase and maintain insurance and bonds;
G. borrow, accept, hire or contract for services of
personnel;
H. establish and appoint committees, including an
executive committee as required by Subsection E of Article 9 of
the Interstate Compact on Educational Opportunity for Military
Children, that shall have the power to act on behalf of the
interstate commission in carrying out its powers and duties
under that compact;
I. elect or appoint officers, attorneys, employees,
agents or consultants and fix their compensation, define their
duties and determine their qualifications;
J. establish the interstate commission's personnel
policies and programs relating to conflicts of interest, rates
of compensation and qualifications of personnel;
K. accept donations and grants of money, equipment,
supplies, materials and services and receive, use and dispose
of them;
L. lease, purchase, accept contributions or
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donations of, or otherwise own, hold, improve or use, any
property, real, personal or mixed;
M. sell, convey, mortgage, pledge, lease, exchange,
abandon or otherwise dispose of any property, real, personal or
mixed;
N. establish a budget and make expenditures;
O. adopt a seal and bylaws governing the management
and operation of the interstate commission;
P. report annually to the legislatures, governors,
judiciaries and state councils of the member states concerning
the activities of the interstate commission during the
preceding year. The reports shall also include any
recommendations that may have been adopted by the interstate
commission;
Q. coordinate education, training and public
awareness regarding the Interstate Compact on Educational
Opportunity for Military Children, its implementation and
operation for officials and parents involved in such activity;
R. establish uniform standards for the reporting,
collecting and exchanging of data;
S. maintain corporate books and records in
accordance with the bylaws;
T. perform such functions as may be necessary or
appropriate to achieve the purposes of the Interstate Compact
on Educational Opportunity for Military Children; and
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U. provide for the uniform collection and sharing
of information between and among member states, schools and
military families under the Interstate Compact on Educational
Opportunity for Military Children.
ARTICLE 11
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The interstate commission shall, by a majority
of the members present and voting, within twelve months after
the first interstate commission meeting, adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out the
purposes of the Interstate Compact on Educational Opportunity
for Military Children, including:
(1) establishing the fiscal year of the
interstate commission;
(2) establishing an executive committee and
other committees as may be necessary;
(3) providing for the establishment of
committees and for governing any general or specific delegation
of authority or function of the interstate commission;
(4) providing reasonable procedures for
calling and conducting meetings of the interstate commission
and ensuring reasonable notice of each meeting;
(5) establishing the titles and
responsibilities of the officers and staff of the interstate
commission;
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(6) providing a mechanism for concluding the
operations of the interstate commission and the return of
surplus funds that may exist upon the termination of that
compact after paying and reserving all of its debts and
obligations; and
(7) providing start-up rules for initial
administration of the Interstate Compact on Educational
Opportunity for Military Children.
B. The interstate commission shall, by a majority
of the members, elect annually from among its members a chair,
a vice chair and a treasurer, each of whom shall have such
authority and duties as may be specified in the bylaws. The
chair or, in the chair's absence or disability, the vice chair
shall preside at all meetings of the interstate commission.
The officers so elected shall serve without compensation or
remuneration from the interstate commission, provided that,
subject to the availability of budgeted funds, the officers
shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their
responsibilities as officers of the interstate commission.
C. The executive committee shall have such
authority and duties as may be set forth in the bylaws,
including:
(1) managing the affairs of the interstate
commission in a manner consistent with the bylaws and purposes
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of the interstate commission;
(2) overseeing an organizational structure
within, and appropriate procedures for, the interstate
commission to provide for the creation of rules, operating
procedures and administrative and technical support functions;
and
(3) planning, implementing and coordinating
communications and activities with other state, federal and
local government organizations in order to advance the goals of
the interstate commission.
D. The executive committee may, subject to the
approval of the interstate commission, appoint or retain an
executive director for such period, upon such terms and
conditions and for such compensation as the interstate
commission may deem appropriate. The executive director shall
serve as secretary to the interstate commission but shall not
be a member of the interstate commission. The executive
director shall hire and supervise such other persons as may be
authorized by the interstate commission.
E. The interstate commission shall defend the
executive director and its employees and, subject to the
approval of the attorney general or other appropriate legal
counsel of the member state represented by an interstate
commission representative, shall defend the interstate
commission representative in any civil action seeking to impose
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liability arising out of an actual or alleged act, error or
omission that occurred within the scope of interstate
commission employment, duties or responsibilities or that the
defendant had a reasonable basis for believing occurred within
the scope of interstate commission employment, duties or
responsibilities, provided that the actual or alleged act,
error or omission did not result from intentional or willful
and wanton misconduct on the part of the person.
ARTICLE 12
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The interstate commission shall promulgate
reasonable rules in order to effectively and efficiently
achieve the purposes of the Interstate Compact on Educational
Opportunity for Military Children. If the interstate
commission exercises its rulemaking authority in a manner that
is beyond the scope of the purposes of that compact, or the
powers granted under that compact, then such an action by the
interstate commission shall be invalid and have no force or
effect.
B. Rules shall be made pursuant to a rulemaking
process that substantially conforms to the "Model State
Administrative Procedure Act" (1981), Uniform Laws Annotated,
Vol. 15, p.1 (2000) as amended, as may be appropriate to the
operations of the interstate commission.
C. Not later than thirty days after the date a rule
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is promulgated, any person may file a petition for judicial
review of the rule, provided that the filing of the petition
shall not stay or otherwise prevent the rule from becoming
effective unless the court finds that the petitioner has a
substantial likelihood of success. The court shall give
deference to the actions of the interstate commission
consistent with applicable law and shall not find the rule to
be unlawful if the rule represents a reasonable exercise of the
interstate commission's authority.
D. If a majority of the legislatures of the
compacting states rejects a rule by enactment of a statute or
resolution in the same manner used to adopt the Interstate
Compact on Educational Opportunity for Military Children, then
the rule shall have no further force and effect in any
compacting state.
ARTICLE 13
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
A. All courts shall take judicial notice of the
Interstate Compact on Educational Opportunity for Military
Children and the rules promulgated under that compact in any
judicial or administrative proceeding in a member state
pertaining to the subject matter of that compact that may
affect the powers, responsibilities or actions of the
interstate commission.
B. The interstate commission shall be entitled to
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receive all service of process in any proceeding provided in
Subsection A of this article and shall have standing to
intervene in the proceeding for all purposes.
C. If the interstate commission determines that a
member state has defaulted in the performance of its
obligations or responsibilities under the Interstate Compact on
Educational Opportunity for Military Children or the bylaws or
promulgated rules, the interstate commission shall:
(1) provide written notice to the defaulting
state and other member states of the nature of the default, the
means of curing the default and any action taken by the
interstate commission. The interstate commission shall specify
the means by which the defaulting state shall cure its default;
and
(2) provide remedial training and specific
technical assistance regarding the default.
D. If the defaulting state fails to cure the
default, the defaulting state shall be terminated from the
Interstate Compact on Educational Opportunity for Military
Children upon an affirmative vote of a majority of the member
states, and all rights, privileges and benefits conferred by
that compact shall be terminated from the effective date of
termination. A cure of the default does not relieve the
offending state of obligations or liabilities incurred during
the period of the default.
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E. Suspension or termination of membership in the
Interstate Compact on Educational Opportunity for Military
Children shall be imposed only after all other means of
securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the interstate
commission to the governor, the majority and minority leaders
of the defaulting state's legislature and each of the member
states.
F. The state that has been suspended or terminated
is responsible for all assessments, obligations and liabilities
incurred through the effective date of suspension or
termination, including obligations the performance of which
extends beyond the effective date of suspension or termination.
G. The interstate commission shall not bear any
costs relating to any state that has been found to be in
default or that has been suspended or terminated from the
Interstate Compact on Educational Opportunity for Military
Children unless otherwise mutually agreed upon in writing
between the interstate commission and the defaulting state.
H. The defaulting state may appeal the action of
the interstate commission by petitioning the United States
district court for the District of Columbia or the federal
district where the interstate commission has its principal
offices.
I. The interstate commission shall attempt, upon
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the request of a member state, to resolve disputes that are
subject to the Interstate Compact on Educational Opportunity
for Military Children and that may arise among member states
and between member and non-member states.
J. The interstate commission shall promulgate a
rule providing for both mediation and dispute resolution for
disputes as appropriate.
K. The interstate commission, in the reasonable
exercise of its discretion, shall enforce the provisions and
rules of the Interstate Compact on Educational Opportunity for
Military Children.
L. The interstate commission may, by majority vote
of the members, initiate legal action to enforce compliance
with the provisions of the Interstate Compact on Educational
Opportunity for Military Children and its promulgated rules and
bylaws against a member state in default. The venue for the
action shall be consistent with the determination in other
interstate compacts to which the state of New Mexico is a
member under the laws of the state of New Mexico.
M. The remedies in the Interstate Compact on
Educational Opportunity for Military Children shall not be the
exclusive remedies of the interstate commission. The
interstate commission may avail itself of any other remedies
available under state law or under the regulation of a
profession.
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ARTICLE 14
FINANCING OF THE INTERSTATE COMMISSION
A. The interstate commission shall pay or provide
for the payment of the reasonable expenses of its
establishment, organization and ongoing activities.
B. The interstate commission may levy on and
collect an annual assessment from each member state to cover
the cost of the operations and activities of the interstate
commission and its staff that must be in a total amount
sufficient to cover the interstate commission's annual budget
as approved each year. The aggregate annual assessment amount
shall be allocated based upon a formula to be determined by the
interstate commission, which shall promulgate a rule binding
upon all member states.
C. The interstate commission shall not incur
obligations of any kind prior to securing the funds adequate to
meet the obligations; nor shall the interstate commission
pledge the credit of any of the member states, except by and
with the authority of the member state.
D. The interstate commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject to
the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds
handled by the interstate commission shall be audited yearly by
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a certified or licensed public accountant, and the report of
the audit shall be included in and become part of the annual
report of the interstate commission.
ARTICLE 15
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The Interstate Compact on Educational
Opportunity for Military Children shall become effective and
binding upon legislative enactment of that compact into law by
no less than ten of the states. The effective date shall be no
earlier than December 1, 2007. Thereafter, it shall become
effective and binding as to any other member state upon
enactment of that compact into law by that state. The
governors of non-member states or their designees shall be
invited to participate in the activities of the interstate
commission on a nonvoting basis prior to adoption of that
compact by all states.
C. The interstate commission may propose amendments
to the Interstate Compact on Educational Opportunity for
Military Children for enactment by the member states. No
amendment shall become effective and binding upon the
interstate commission and the member states unless and until it
is enacted into law by unanimous consent of the member states.
ARTICLE 16
WITHDRAWAL AND DISSOLUTION
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A. Once effective, the Interstate Compact on
Educational Opportunity for Military Children shall continue in
force and remain binding upon each and every member state,
provided that a member state may withdraw from that compact by
specifically repealing the statute that enacted that compact
into law.
B. Withdrawal from the Interstate Compact on
Educational Opportunity for Military Children shall be by the
enactment of a statute repealing that compact.
C. The withdrawing state shall immediately notify
the chair of the interstate commission in writing upon the
introduction of legislation repealing the Interstate Compact on
Educational Opportunity for Military Children in the
withdrawing state. The interstate commission shall notify the
other member states of the withdrawing state's intent to
withdraw within sixty days of its receipt of the notice.
D. The withdrawing state is responsible for all
assessments, obligations and liabilities incurred on its behalf
through the effective date of withdrawal, including obligations
the performance of which extends beyond the effective date of
withdrawal.
E. Reinstatement following withdrawal of a member
state shall occur upon the withdrawing state reenacting the
Interstate Compact on Educational Opportunity for Military
Children or upon such later date as determined by the
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interstate commission.
F. The Interstate Compact on Educational
Opportunity for Military Children shall dissolve effective upon
the date of the withdrawal or default of the member state that
reduces the membership in that compact to one member state.
G. Upon the dissolution of the Interstate Compact
on Educational Opportunity for Military Children, the compact
becomes null and void and shall be of no further force or
effect, and the business and affairs of the interstate
commission shall be concluded, and surplus funds shall be
distributed in accordance with the bylaws.
ARTICLE 17
SEVERABILITY AND CONSTRUCTION
A. The provisions of the Interstate Compact on
Educational Opportunity for Military Children shall be
severable, and if any phrase, clause, sentence or provision is
deemed unenforceable, the remaining provisions of that compact
shall be enforceable.
B. The provisions of the Interstate Compact on
Educational Opportunity for Military Children shall be
liberally construed to effectuate its purposes.
C. Nothing in the Interstate Compact on Educational
Opportunity for Military Children shall be construed to
prohibit the applicability of other interstate compacts to
which the states are members.
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ARTICLE 18
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing in the Interstate Compact on Educational
Opportunity for Military Children prevents the enforcement of
any other law of a member state.
B. All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the member states.
C. All agreements between the interstate commission
and the member states are binding in accordance with their
terms.
D. In the event any provision of the Interstate
Compact on Educational Opportunity for Military Children
exceeds the constitutional limits imposed on the legislature of
any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in
question in that member state."
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